Appropriate award coverage for night workers

Cases

Appropriate award coverage for night workers

In the course of two related unfair dismissal claims, the NSW Commission was called upon to determine the appropriate award coverage for the employees concerned.

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In the course of two related unfair dismissal claims, the NSW Commission was called upon to determine the appropriate award coverage for the employees concerned.

The parties submitted that the employees were covered by either the Private Hotels, Motels, Guest House, &c Employees (State) Award or the Miscellaneous General Services Award.

Both employees worked in a brothel. The question therefore was whether the brothel was a guest house, or, if not a guest house, what was it?

Commissioner O’Neill held (Whitehead & Anor v Lemworth P/L, Matter No IRC 1261-2 of 1997):

"I have formed the opinion that the correct award to apply for this establishment is the Miscellaneous General Services Award. On the submissions of the [employer], the business is a brothel and nothing more or less than that. It is not a guest house or motel, hotel or restaurant. The fact that some food and drink might be offered to patrons, and that beds are available is insufficient to convince me that there is anything more to the business than what they describe themselves. I can certainly inform Liverpool City Council that [the employer] are certainly not operating a ‘beauty and fitness salon’, and it is clear that the business is not a motel, as classified by GIO [for reasons of workers compensation]."

 
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